Abstract:
Dispensing justice is considered an ibadah, or act of worship, in Islam. It is a
fundamental commandment outlined in the Holy Quran and exemplified by the
Prophet Muhammad (SAW). Those who deviate from delivering the correct verdict,
whether due to personal biases or ignorance, are admonished in Islamic teachings,
with dire consequences for those who perpetuate injustice. Conversely, upholding
justice is viewed as a means to attain paradise, highlighting its paramount
importance in Islamic jurisprudence. Educating judges on the principles of Islamic
law pertaining to justice is essential for enabling them to administer impartial
justice effectively. Historically, early Arab Muslims who settled in Sri Lanka and
their successors possessed expertise in this area, appointing knowledgeable
individuals as Qazis to adjudicate matters of marriage, divorce, and disputes within
the community. However, during the colonial period, the decline in Muslim
education and cultural training posed challenges in finding qualified Qazi judges.
The discussions surrounding the Muhammadan Marriage Act of 1886 in the
Legislative Council revealed a lack of legal scholars in Ceylon capable of
interpreting the legal provisions regarding divorce. Consequently, the
establishment of the Qazi Court was initially avoided. Nevertheless, the enactment
of the Muslim Marriage and Divorce Act of 1951 legalized the Qazi Court and
mandated the appointment of Qazi Judges. At that time, minimum educational
qualifications for Qazi judges were not stipulated; instead, candidates were
required to be Muslim men of good character, social standing, and analytical
judgment abilities.
